Public Notice

NOTICE OF TRUSTEE’S SALE
Under and by virtue of the authority vested in the undersigned Trustee, by that certain Substitution of Trustee dated January 13, 2021, of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in General Lien Book 2156, at page 81, and by that certain Deed of Trust to United Bank, a Virginia corporation, successor by merger to United Bank, Inc., dated September 19, 2012, filed of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in General Lien Book 1729, at page 776, to secure that certain Promissory Note dated March 1, 2002, which has been modified to extend the maximum amount secured to $1,900,000.00, and that certain Promissory Note or other agreement dated October 10, 2011, in the maximum amount of $1,900,000.00. This Deed of Trust provides that the Trustee, on being required so to do by the holder of the Promissory Note secured by said Deed of Trust, should sell the hereinafter described at public auction, and default having been made in the payment of the indebtedness secured thereby and having been requested so to do, the undersigned will sell at public auction on
Wednesday, April 6, 2022, at 11:00 o’clock a.m.,
at the front door of the Wood County Courthouse in Parkersburg, West Virginia, that certain real estate situate in the District of Clay, County of Wood, and State of West Virginia, more particularly bounded and described as follows:
A parcel of real estate situate in the District of Clay, County of Wood, and State of West Virginia, more particularly bounded and described as follows:
Beginning at a 1/2″ pipe found in the line David Eddy (Deed Book 974, at Page 397) and corner to L. Michael Romine (Deed Book 884, at Page 548) and L. Michael Romine (Deed Book 862, at Page 793) with the line of Eddy, thence
N 31 09 21 E 61.63 feet to a chain link fence post, the true point of beginning, with the line of Eddy, thence
N 32 05 47 E 173.57 feet to a #5 rebar set, thence
N 19 10 00 W 163.30 feet to a #5 rebar set, thence
N 29 51 28 E 60.87 feet to a magnail set in Valley Run Road, thence with said road
S 52 15 64 E 173.13 feet to a point, thence
S 59 12 22 E 410.58 feet to a point, thence
S 64 43 57 E 64.72 feet to point leaving said road, thence
S 04 07 39 W 22.27 feet to a chain link fence corner post with said fence, thence
S 04 07 39 W 122.54 feet to a chain link fence corner post with said fence, thence
S 55 48 44 W 106.39 feet to a chain link fence corner post with said fence, thence
S 83 09 04 W 156.17 feet to a chain link fence corner post with said fence, thence
S 49 40 30 W 56.98 feet to a chain link fence corner post with said fence, thence
N 52 04 40 W 405.82 feet to point of true beginning,
being 4.4 (total) acres of land, of which 0.2 acres of land is a portion of the 17.83 acre parcel conveyed to L. Michael Romine in Deed Book 884, at Page 548, and of which 4.2 acres of land is a portion of the 4.9 acre parcel conveyed to L. Michael Romine in Deed Book 862, at Page 793; records of the Office of the Clerk of the County Commission of Wood County, West Virginia.
Subject to all right of way of record. Survey and description by J. Edward Huffman, West Virginia Professional Surveyor No. 631, and as shown on Plat JEH 20100516-1, recorded in the Office of the Clerk of the County Commission of Wood County, West Virginia, on May 25, 2010, in Plat Book 2A, at Page 52.
TERMS OF SALE: Said property will be sold for cash in hand on the day of sale, or acceptable letter of credit, by auction to the highest bidder. The sale shall be further subject to the following:
1. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser;
2. Any statutory lien or liens that may affect the subject property;
3. All covenants, conditions, restrictions, reservations, easements and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property;
4. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, sanitary and sewer charges, having priority over the Deed of Trust referred to herein;
5. The purchaser at the sale shall be responsible for paying the costs of recording the Successor Trustee’s Deed and the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed).
6. The property to be sold will be sold “AS IS, WHERE IS” in the present condition and with all faults and defects, if any, and without any warranty or representation, express of implied. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. The Successor Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code § 38-1-6. The Successor Trustee makes no representations and warranties about the title to the real estate to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the purchaser for any reason, purchaser’s sole remedy is return of deposit, and that is only prior to the date of closing.
7. In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
8. The undersigned Successor Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such adjournment may be for a period of time deemed expedient by the beneficial owner, and shall not be construed to be a waiver of the right to make the sale contemplated by this Notice.
9. The beneficiary of the Deed of Trust and holder of the Note thereby secured, or its agent, reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid.
10. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee.
11. Pursuant to the Deed of Trust, the Successor Trustee may act by agent in the execution of the sale and Joe R. Pyle Complete Auction and Realty Service will assist with the sale as auctioneer. Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Successor Trustee reserves the right to reject any or all bids.
12. Terms of sale are 10% down payment within 24 hours of sale made payable to Trustee, with closing in 30 days from the date of Contract. A 10% Buyer’s Premium added to the high bid is payable to Joe R. Pyle Complete Auction and Realty Service and will be collected at closing.
13. Bidding may be done either in person or by online bidding. Anyone anticipating online bidding must make prior arrangements with Joe R. Pyle Complete Auction and Realty Service. The successful bidder will sign a Contract at the time of sale; or if the successful bidder is bidding online, such bidder will receive said Contract and wire instructions for the down payment following the sale.
Additional terms of sale may be announced prior to the sale.
Any inquiries regarding this sale may be directed either to Steven R. Hardman, Successor Trustee, 501 Avery Street, Parkersburg, West Virginia 26101, telephone (304) 485-8500.
DATED: February 22, 2022.
Steven R. Hardman,
Successor Trustee
Mar 3, 10